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R (MH) v (1) Secretary of State for Health (2) Mental Health Review Tribunal |
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| Issue: |
The requirements of Art 5 European Convention in relation to patients without capacity and patients detained following the barring of a nearest relative application to discharge; the test a Tribunal should apply when a barring order had been made in relation to a patient detained under s2 Mental Health Act 1983. |
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| Court: |
Administrative Court |
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| Reference: |
CO/2411/2003 |
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| Neutral Citation: |
[2004] EWHC 56 (Admin) |
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| Judge(s): |
Silber J |
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| Date: |
22 January 2004 |